Volume 95

Issue 5

  • ArticleVol. 95 · Iss. 5

    Against Women’s Sports

    This Article challenges the longstanding assumption that sports should be segregated by sex. Imposing sex segregation on sports is problematic for many reasons. Sex…

  • ArticleVol. 95 · Iss. 5

    Congress in the Administrative State

    In an era of increased concern over presidential power, congressional oversight of the executive branch constitutes a substantial—but underappreciated—means of influencing agency decision-making. Scholars…

  • ArticleVol. 95 · Iss. 5

    Law’s Evolving Emergent Phenomena: From Rules of Social Intercourse to Rule of Law Society

    Law involves institutions rooted in the history of a society that evolve in relation to surrounding social, psychological, cultural, economic, political, technological, and ecological…

  • ArticleVol. 95 · Iss. 5

    Lawness

    One of the more important insights in H.L.A.Hart’s The Concept of Law comes on the very first pages of the book, where Hart insightfully…

  • ArticleVol. 95 · Iss. 5

    Phenomenology, Colonialism, and the Administrative State

    In A Realistic Theory of Law, Brian Tamanaha rejects the claim that universal legal principles exist, and its variant that essential features of law…

  • ArticleVol. 95 · Iss. 5

    The Data of Jurisprudence

    In contemporary jurisprudential writing, there is no lack of attention to method. Although I have participated in this activity, I have reservations about it,…

  • ArticleVol. 95 · Iss. 5

    The Pragmatist Tradition: Lessons for Legal Theorists

    As you probably noticed, my title is ambiguous—deliberately so, because my purpose here is twofold: to teach legal theorists something of the pragmatist tradition…

  • ArticleVol. 95 · Iss. 5

    A New Historical Jurisprudence?

    In his provocative new book, A Realistic Theory of Law, Brian Tamanaha offers a variety of insightful analyses and conclusions that may shake up…

  • ArticleVol. 95 · Iss. 5

    Three Forms of Legal Pragmatism

    Within any discipline there are said to be lumpers and splitters, hedgehogs and foxes. My inclinations run to lumping, but in this essay I…